Opposition leader Cabo Gilberto Silva (PL-PB) presented this Wednesday (12) a request for impeachment against the minister of the (Supreme Federal Court) due to the suspension of the dosimetry law, which reduces the sentences of those convicted of coup acts. In the last week, in specific cases,
The minister said that the application would be suspended until the analysis of processes that question the constitutionality of the legislation, such as those presented by the PSOL-Rede federation and the ABI (Brazilian Press Association).
In the impeachment request, the opposition argues that the Federal Constitution defines that the suspension of the law is only up to the STF plenary. The group argues that the parliamentarian would be “improperly using his procedural position as rapporteur (of cases linked to January 8) to achieve a result that could only result from deliberation in the Plenary”.
“In practice, there was a true paralysis of the application of federal law in several criminal executions, producing concrete effects equivalent to concentrated precautionary control of constitutionality, without observance of due constitutional process”, argues the deputy.
In this way, the opposition denounces Moraes for crimes of responsibility for having allegedly disrespected the Constitution, usurped the plenary’s jurisdiction, removed the application of federal law without jurisdiction, challenged the separation of powers and proceeded in a manner incompatible with the required duty of jurisdictional self-restraint.
Corporal Gilberto Silva argues that the conduct also violates the principle of separation of powers, the principle of legality, constitutional due process, the plenary reservation clause, the constitutional competence of the STF Plenary, and the authority of the .
The presentation of the request was announced during a press conference at . During the event, the deputy confirmed the four fronts of the offensive launched by the opposition against the STF in response to the suspension of the dosimetry law,
The offensive will also include pressure for PECs (proposed amendments to the Constitution) that restrict monocratic court decisions and guarantee amnesty to those convicted of coup acts.
Asked what would be different about the impeachment request, considering that others had already been presented, Gilberto cited . “Who would have thought that Messias would fail? He hadn’t failed since 1894. I’m Brazilian and I don’t give up,” he stated. He also said he would work with other parliamentarians for approval.
Despite the offensive, the Congress leadership sees little chance that the matters defended by the opposition will advance this year and hope that the STF plenary will validate the dosimetry law. Impeachment requests against STF ministers need to be judged by the Federal Court.
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